For Professor Davisson

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direct_democracy.pdf

DIRECT DEMOCRACY IN CALIFORNIA

“POLICY-FOCUS ELECTIONS” PERMITTED AT STATE/LOCAL LEVEL (NOT AT FEDERAL LEVEL)

THE RULES AND TOPICS VARY FROM STATE TO STATE

SUCH ELECTIONS were adopted after 1890 Since 1912, at least one initiative has been on the ballot in California

2016 Electoral Process California: http://vote.sos.ca.gov/

DIRECT DEMOCRACY: THE INITIATIVE

The initiative process is the power of the people to directly place measures on the statewide ballot through signed petitions. These measures can change a California law or the California Constitution.

But it also includes the possibility that

1) the legislation may want to consult the population on a law amendment or

2) the legislation may want just to consult the population on a policy matter.

DIRECT DEMOCRACY. THE INITIATIVE 2

1) The legislative can include an amendment to a law that was previously enacted through the initiative process and must be placed on the ballot for a vote of the people before taking effect. Proposition 58 is the only legislative initiative amendment on the November, 2016, General Election ballot. It refers to repelling the Non-English Languages Allowed in Public Education required by Proposition 227 (1998).

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THE INITIATIVE 3

2. IN ADDITION, a legislative advisory question is a ballot measure in which citizens vote on a non-binding question. Thus, it does not create a new law, e.g. Proposition 59 that supported advising the state's elected officials to use their authority to overturn the Supreme Court resolution: Citizens United v. Federal Election Commission, potentially through an amendment to the U.S. Constitution.

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THE INITIATIVE THERE HAVE BEEN FAMOUS INITIATIVES IN CALIFORNIA:

-1978. PROPOSITION 13, REDUCED PROPERTY TAXES BY 30%.

-1996. PROPOSITION 215, AUTHORIZED MEDICAL CANNABIS

DIRECT DEMOCRACY. REFERENDUM

The referendum process is the power of the people to approve or reject new laws passed by the Legislature before they take effect (with exceptions) through signed petitions. Proponents of the referendum ask for a "no" vote, which stops the new law from going into effect. Opponents of the referendum, who want the law to go into effect as is, ask for a "yes" vote. The law will be enacted unless voters cast more "no" votes than "yes" votes on the referendum. Proposition 67 is the only referendum measure on the November 2016, General Election ballot. It refers to banning or not certain plastic bags (close to call),

DIRECT DEMOCRACY. THE RECALL MECHANISM TO REMOVE ELECTED OFFICIALS BEFORE HIS/HER FORMAL TERM IS OVER. SOME RECALLS ARE RELATED TO THE COMPETENCE OR INTEGRITY OF THE OFFICIAL BUT OTHERS ARE TIED TO POLICY DISAGREEMENTS. OR A PUNISHMENT TO POLITICIANS THAT ARE PERCEIVED AS INEPT.

THE RECALL: ITS PROCESS The first step in a recall effort is the circulation of recall petitions. The process begins with the filing of a recall petition written in the proper legal language and signed by 65 voters. Petitions for the recall of statewide officers must be signed by voters equal in number to 12% of the last vote for that office, including voters from each of five counties equal in number to 1% of the last vote for the office in that county. Petitions for the recall of state legislators must equal in number to 20% of the last vote for the office. In California, the most famous recall election in history took place in California in October 2003, when Governor Gray Davis was recalled.

http://www.nytimes.com/2003/10/08/us/california-recall-governor-for-gray-davis-gr eat-fall-highest-height.html

EXERCISE -ARE ELECTION BALLOTS AN EFFECTIVE AND APPROPRIATE WAY TO MAKE PUBLIC POLICY? YES/NO AND WHY?

-ARE CITIZENS TAKING ADVANTAGE OF THAT? IS SOCIAL MEDIA ABLE TO MOBILIZE SUPPORT. WHAT IS YOUR SENSE?

-WHAT’S THE POSSIBLE ROLE OF INTEREST GROUPS IN THESE INITIATIVES OF DIRECT DEMOCRACY, IF ANY?

-SELECT ONE ISSUE THAT YOU WOULD LIKE TO INCLUDE IN THE BALLOT. STATE WHY?